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Shevlin Smith Blogen-us2016 Shevlin Smith, All Rights Reserved, Reproduced with Permissionhttp://www.shevlinsmith.com/blog/Fri, 09 Dec 2016 17:08:01 GMTShevlin Smith Bloghttp://www.shevlinsmith.com/images/logoprint.gifhttp://www.shevlinsmith.com/blog/
Anticoagulation medicines are given to patients whose blood clots too quickly. When this occurs, blood clots can form in the wrong places, and cause life-threatening injuries such as a stroke or pulmonary embolism. Anticoagulation medicines are designed to thin the blood, making the formation of blood clots within the heart, arterial system and venous system less likely.

There are numerous conditions for which anticoagulation medicines are given. They include patients who have had heart valve replacements; patients who have heart rhythm disorders such as atrial fibrillation; patients who have received a pacemaker; and patients who have blood clotting disorders such as Factor V Leiden. Anticoagulation medications are also given to patients following certain types of surgeries in an effort to protect patients from the formation of blood clots due to patient inactivity during the recuperative period.

There are any different types of anticoagulation medicines. They include warfarin (also known by its brand name, Coumadin), Eliquis, Plavix, Lovenox, Heparin, Xarelto. Aspirin also acts as a blood thinner. Each medication works slightly different, and is administered in different ways..

Anticoagulation medicines unquestionably help patients who have blood clotting disorders. Yet, these medicines do carry risks. One of the most significant risks is that they can cause uncontrolled bleeding. Because the medication is designed to prevent or slow blood clotting, an injury that causes bleeding to occur can become difficult to make the bleeding stop. For this reason, patients who take anticoagulation medicines will often undergo monitoring to ensure that the dosage being used remains within therapeutic range while not exposing to the patient too much risk of hemorrhage. This monitoring typically involves performing INR (international normalized ratio) tests.

In the legal world, we are often asked to investigation cases in which patients suffer an injury involving anticoagulation medicines. The issues that we are asked to investigate can vary. There are cases in which a patient is not prescribed an anticoagulation medication when the patient should have been. The end result can be that the patient developed a blood clot that could have been avoided, and that blood clot resulted in a stroke or pulmonary embolism. There are other cases in which a patient was given too much anticoagulation medicine, and the INR levels of the patient were not properly monitoring.

Risks of Not Restarting Anticoagulants After Surgery

Many people taking an anticoagulant medication are advised to restart the drug the day after surgery due to the risk of blood clots forming and the risk of thromboembolism. However, patients may be advised of another time to restart the drug depending on the type of surgical procedure and their specific risk factors. While many patients who have undergone surgery are provided with superior anticoagulation therapy, there are some patients who fall through the cracks.

Unfortunately, many patients aren’t given great care or they are forgotten about due to the many parties involved in one’s care. Oftentimes doctors assume nurses will handle the restarting of the anticoagulant drug due to the notes in the medical chart, and nurses will expect the doctor to give them direct orders. Because a patient’s healthcare is divided among different people, the restarting of an anticoagulant can be missed.

Anytime a person’s anticoagulant drugs are interrupted, there is a risk of thromboembolism, which is why it is important that the restarting of an anticoagulant isn’t missed. When warfarin or other anticoagulant drugs aren’t restarted in a timely manner after surgery, patients can suffer from blood clots that can block blood flow and cause a stroke or heart attack.

Failing to Restart an Anticoagulant Is Medical Malpractice

In recent years, the legal issue we have seen the most is the failure to restart a patient’s anticoagulation medicines following a brief interruption in treatment. The most common scenario involves a patient who is taking an anticoagulation medicine, but requires surgery. The anticoagulation medicine is stopped for purposes of the surgery, so that the patient does not bleed too much during the surgery. Then following the surgery, the doctors and hospitals intend for the anticoagulation medicine to be re-started, and even order that it be re-started. Tragically though, the order for re-starting the anticoagulation medications is not properly communicated within the hospital setting, or is not properly communicated to the next health care provider in the setting of a nursing home or rehabilitation center. In these circumstances, the patient becomes vulnerable to clot formation, and suffers a resulting stroke or pulmonary embolism.

Our Fairfax Medical Malpractice Lawyers Can Help

If you would like to discuss your case specifics and learn about your rights, we would be pleased to sit down and talk with you. Additionally, we would love to help families who have lost their loved ones due to medical malpractice of this nature. Feel free to fill out our online contact form, click on the live chat button, or call us at (703) 591-0067 for a complimentary consultation today. Don’t wait too long to discuss your potential claim because there are time limits involved in medical malpractice cases, and they are different depending on where you live.

]]>http://www.shevlinsmith.com/blog/fail-to-restart-anticoagulants-after-surgery.cfmwww.shevlinsmith.com-157649Wed, 02 Mar 2016 13:30:00 ESTMaking a recovery after brain damage can be uncertain. In some cases, full recovery is achieved; however, some people may never be able to make a full physical recovery. As with any injury, the first step to making a recovery is an accurate diagnosis.

Level of Brain Damage Can Be Difficult To Determine At First

When a brain injury occurs as a result of medical malpractice or a traumatic event, it is important to find out what part of the brain is involved and the extent of the brain damage. It may be hard to trust another doctor, but it is critical to see a doctor who specializes in brain problems and to get tests, such as an MRI scan, head CT or CAT scan, or EEG test.

Once your brain injury is accurately diagnosed and the extent of the brain damage is learned, your doctor will discuss possible treatment options. Unfortunately, not all brain injuries respond to treatment, but some brain injury treatments can include:

Cooling the brain. The brain reaches high temperatures during oxygen deprivation, and cooling it helps limit further brain damage.

Oxygen therapy. This can include a ventilator so that oxygen in the blood is increased in order to restore oxygen to the brain.

Medication. Steroids can help reduce brain swelling. Barbiturates can help reduce brain activity. Anti-seizure medications can help control seizures in brain injury patients. And other medications can help get the proper amount of oxygenated blood to the brain.

Severe Brain Injuries Can Lead To Permanent Damage

Most of the time, people who suffer a mild brain injury will go on to live a relatively normal life and will make a full or near-full recovery. In cases of moderate brain injury, recovery is still possible, but it may take several months or years. Unfortunately, those with a severe brain injury—who spend a long time unconscious or in a coma and don’t have normal function recovered within the first month of the brain injury—may have a difficult time recovering from brain damage.

Once a person has been treated for the brain damage, it is important that rehabilitation begins as soon as possible. An individualized program will be created for the person that includes physical therapy, occupational therapy, speech therapy, and even counseling, so a patient can reach a maximum level of function. However, even with mild and moderate brain injuries, recovery might not mean a person is symptom-free. Many people with brain injuries have to learn how to live with their disabilities.

]]>http://www.shevlinsmith.com/blog/is-a-full-recovery-possible-after-brain-damage-.cfmwww.shevlinsmith.com-153454Sun, 04 Oct 2015 13:37:00 ESTPregnant women trust their obstetricians with the health of their infants. Although most physicians competently care for expectant mothers and their fetuses during pregnancy, some medical professionals make mistakes and overlook issues that result in harm for infants. While some acts of medical negligence can result in minor problems for newborn babies, other acts of medical malpractice, such as failure to diagnose maternal infections, may lead to serious injuries such as brain damage.

How Does Medical Malpractice Occur?

There are many infections—both viral and bacterial—that can negatively affect mothers and their babies during pregnancy. For example, expectant mothers can have herpes, rubella, syphilis, urinary tract infections, or bacterial vaginosis. It is a doctor’s job to diagnose and treat these infections by providing proper care for pregnant patients, so their fetuses aren’t infected.

Unfortunately, many obstetricians fail to monitor and detect maternal infections because they:

Don’t perform a physical exam

Don’t review a patient’s medical history

Don’t conduct the right tests and screenings during pregnancy

Don’t review test results

Because of a doctor’s careless actions, an infant can suffer a birth brain injury when a maternal infection isn’t timely diagnosed and properly treated. Because doctors are professionals who owe their patients a duty of care, they need to be held responsible for an infant’s adverse neurological outcome that resulted from failure to diagnose.

Contact a Virginia Child Injury Lawyer Today

If you believe your infant’s brain injury or other serious illness was the result of a doctor’s failure to diagnose a maternal infection during your pregnancy, you should seek legal advice. Please call our office at 703-691-5919, or fill out a short form on our website to get a free copy of our book, What You need to Know Before Pursuing a Medical Malpractice Case.

]]>http://www.shevlinsmith.com/blog/failed-diagnosis-for-maternal-infections-and-infant-brain-damage.cfmwww.shevlinsmith.com-153098Sun, 04 Oct 2015 08:43:00 ESTThe birth of a child is something parents look forward to, and it’s an exciting time in life. And although parents hope their child will be born without complications, it’s very possible for infants to suffer birth injuries, including brain damage. There are many causes of infant brain damage, and one of the most common is from oxygen deprivation.

Causes of Birth Asphyxia

Oxygen deprivation, also known as birth asphyxia, typically occurs as a result of:

umbilical cord problems

the placenta separating from the uterus too early

the baby caught in the birth canal for too long

constricted airways

anemia at birth

problems with the mother’s blood pressure

Whenever a baby is deprived of oxygen for even a few minutes, brain damage can occur.

With birth asphyxia, there are two stages of injury. First, cell damage occurs within minutes if the child is without oxygen. In the second stage, injury occurs after normal blood flow and oxygen are restored to the brain but toxins are released from the damaged cells. As a result of insufficient oxygen, conditions such as anoxia and hypoxia can occur. Anoxia is caused from the absence of oxygen, and hypoxia occurs due to low oxygen levels. Both anoxia and hypoxia can cause brain damage.

Because the human body needs oxygen to survive, cells can suffer temporary or permanent damage quickly. The length of time that a baby is without oxygen will determine the extent of brain damage. For example, some infants with mild asphyxia will be able to make full recoveries, but babies who are deprived of oxygen for an extended period of time typically suffer permanent brain damage and disorders such as cerebral palsy.

Contact a Virginia Brain Injury Lawyer Today

While some brain damage may be minimized with prompt treatment, doctors and nurses whose negligence causes anoxic or hypoxic brain injuries should be held responsible. To learn more about pursuing a medical malpractice claim, please call our office, or fill out a short firm on our website to get a free copy of our book, What You Need to Know Before Pursuing a Medical Malpractice Case.

]]>http://www.shevlinsmith.com/blog/understanding-birth-asphyxia-and-birth-brain-injuries.cfmwww.shevlinsmith.com-152758Fri, 18 Sep 2015 20:08:00 ESTA traumatic brain injury (TBI) is a very severe injury that can cause serious change in a person’s life. Typically, this type of injury occurs after a severe blow, a spinning jolt, an object penetrating the skull, or bleeding in the brain. While most traumatic brain injuries are a result of car accidents, trucking accidents, falls, sports, violence, and war, some brain injuries have actually been caused by medical professionals.

How Healthcare Professionals Cause Traumatic Brain Injuries

While a traumatic brain injury caused by a surgeon, nurse, or other medical professional may sound rare, it can and does happen as a result of negligence, carelessness, and recklessness. The following are some of the most common medical mistakes that cause traumatic brain injuries:

Misdiagnosing or delaying a brain injury diagnosis

Failing to diagnose a subdural hematoma or aneurysm

Penetrating a portion of the brain during surgery

Failing to monitor oxygen levels during or after surgery

Mismanaging anesthesia or medications during surgery

Contact a Virginia Brain Injury Lawyer Today

If you or someone you love suffered a brain injury because of a health care provider's mistake, you need to learn about your rights and if you should file a medical malpractice claim. To learn more, you are welcome to request a free copy of our book, What You Need to Know Before Pursuing a Medical Malpractice Case, or call our office at 703-691-5919.

]]>http://www.shevlinsmith.com/blog/types-of-medical-mistakes-that-cause-brain-injuries.cfmwww.shevlinsmith.com-152123Tue, 08 Sep 2015 12:27:00 ESTMedications are powerful. Although they have the power to heal, they also have the power to cause serious harm. This is especially the case when the wrong medication or incorrect dosage of drug is administered in a hospital or filled at a pharmacy.

While any type of medication mishap can have unfortunate consequences, medication mistakes involving babies and children can be deadly. Sadly, these types of mistakes occur far too often and are the result of carelessness and negligence by trained medical professionals, such as nurses, doctors, and pharmacists.

Children Are Seriously Affected by Medication Mistakes

One common type of medication mishap that affects children is when they are given the wrong dosage of medication. Most medications are formulated for adult dosages. When the same medication is used for children, it must be diluted using calculations performed by the doctor or pharmacist based on the child’s weight. This leaves huge room for error—a misplaced decimal point increases a dosage by ten times. When a small child is given an overdose of medicine it can be life-threatening due to the child’s small size and immature kidneys, liver, and immune system. Even a small increase in dosage could prove fatal for children, especially premature infants.

Contact a Child Malpractice Lawyer

If your child has suffered any serious injury or possible long-term side effect as a result of being given the wrong dosage of medicine—either at a hospital or pharmacy—you need to learn about your rights to seek justice through a medical malpractice claim. To learn more about your family’s rights, contact us now. At Shevlin Smith, we are happy to answer your questions and provide you with a free consultation. Simply call our office at (703) 591-0067.

]]>http://www.shevlinsmith.com/blog/miscalculation-of-child-dosages-can-be-fatal.cfmwww.shevlinsmith.com-149586Sun, 28 Jun 2015 09:00:00 ESTThere are many different relationships a person has in his or her lifetime, but a parent-child relationship is one of the most important. Although the relationship starts at birth, a parent-child relationship continues to develop over many years. As the relationship matures, both the parent and child develop an understanding of one another. For example, a child comes to expect that the parent will care for him or her, and a parent will learn to anticipate the child’s needs.

Brain Injuries Can Affect Parent-Child Relationships

Typically, parents are nurturers and providers. When something causes this to change, such as a brain injury, a parent may no longer be able to provide affection, guidance, or support. Unfortunately, a brain injury can put a strain on the parent-child relationship, especially if the child is young and doesn’t fully understand the reason his or her parent has changed.

Some of the reasons a parent-child relationship changes due to a brain injury include:

A parent’s change in personality. A parent may have been easy-going prior to the brain injury and is now frustrated, angry, moody and depressed. When this occurs, a child doesn’t know what to expect and may become fearful and upset.

A parent’s change in emotions. When a brain injury occurs, it may cause a parent to suffer a lack of emotion or respond to a situation with inappropriate or extreme emotions. When this occurs, a child may become sad and troubled.

Sadly, brain injuries often change a family’s dynamics and can alter a parent-child relationship. If a child living with a brain injury survivor is old enough, the child should learn about the different symptoms of a brain injury, communication techniques, and how to react to a parent with a brain injury. Additionally, children of parents with brain injuries should be getting support through counseling and support groups.

Contact a Fairfax Brain Injury Lawyer For Help

When a parent-child relationship is negatively affected by a brain injury, it is critical that a family seeks legal counsel to ensure they are getting adequate compensation. For a free consultation, contact us today at (703) 591-0067.

The Cause of Frustration

Because TBI survivors are generally aware that their lives have changed for the worse and they aren’t able to live the lives they once loved, they feel frustrated. In addition, job loss and the loss of independence as a result of a brain injury can also cause someone to feel discouraged and defeated.

TBI victims often feel isolated, depressed, misunderstood, and tired. They may experience difficulty concentrating, remembering things, communicating, expressing themselves and following conversations, which can all contribute to feelings of extreme frustration.

Dealing With Frustration

Because those living with head injuries often feel frustrated, families of TBI survivors need to learn what to do and how to communicate with their loved ones when they are irritable. The most important thing families can do is to make sure their injured loved one is being seen by a neuropsychologist. Additionally, families of those affected by brain injuries need to try to stay calm and not engage in arguments with the victim. Attending therapy sessions can help family members learn techniques for coping with the frustration, anger, and irritability that can result from TBI.

If your loved one is frequently frustrated as a result of a brain injury and you found this blog helpful, please share it with the rest of your family by clicking on your favorite social media sites to the left of the screen.

For better or for worse. In sickness and in health. Your wedding vows may never be put to a greater test than that of one partner suffering a traumatic brain injury (TBI). Because a TBI can affect the way a person communicates, behaves, and responds, marriages can become strained and require a lot of work following a brain injury. As a result, marriages are generally impacted in the following ways:

Relationship changes. Because brain injuries often cause victims to suffer personality and behavioral changes, marriages can seriously be affected due to a victim’s wide range of emotions, angry outbursts, and mood swings. In addition, traumatic brain injury survivors often feel depressed, irritable, and argumentative. As a result, the other spouse may feel like he or she is married to a different person.

Unemployment and finance changes. Traumatic brain injury victims may not be able to hold down a job and make a living. Additionally, certain therapies might not be covered by insurance. With less money coming in and more money going out for brain injury therapies, it can cause a couple to be financially stressed.

Household changes. When one spouse cannot do the things around the house that he or she used to, the other spouse often picks up the slack and takes on the injured person’s responsibilities on top of caring for the injured spouse. Having new responsibilities at a time like this can add to the stress of a marriage.

Although some marriages end in divorce due to brain injury-related changes, many couples are able to find the support they need to work through the challenges and rebuild their relationships. In either event, a marriage is never the same after a severe traumatic brain injury.

Contact a Fairfax Brain Injury Lawyer

If your relationship is suffering following a brain injury caused by someone else’s negligence, you and your spouse deserve to be compensated for the way in which the injury impacted your life. To learn about your legal rights, please contact us for a free consultation today (703) 591-0067.

]]>http://www.shevlinsmith.com/blog/how-a-traumatic-brain-injury-can-affect-a-marriage.cfmwww.shevlinsmith.com-148712Tue, 02 Jun 2015 09:00:00 ESTDid you know that about one million people live with aphasia in our nation, but that most people have never heard of it? Because of this, it is important to spread awareness of this communication disorder, especially since June is National Aphasia Awareness Month.

What is Aphasia?

Aphasia is caused by a stroke or traumatic brain injury where the part of the brain that controls language and speech is affected. Although people with aphasia might not be able to speak or process language correctly, it doesn’t mean they are any less intelligent than they were prior to the injury. Aphasia does not affect intelligence, just the ability to communicate.

People with aphasia don’t have intellectual deficits, but they can struggle with reading, writing, and expressing themselves. They may insert words into speech that don’t make sense, use grammatically incorrect sentences, or have a difficult time making sense of what is being said. There are several types of aphasia, each with unique symptoms:

Broca’s (expressive) aphasia involves trouble forming complete sentences, but people with this form of aphasia can still express themselves and understand others.

Global aphasia involves impairment of both speaking and understanding language.

Aphasia can happen to anyone regardless of race or gender. The important thing to remember is that, while sufferers may struggle to form and process language, their intelligence is not impaired. It can be frustrating to try to communicate with a person with aphasia, but imagine how frustrating it is for him or her! Do your part to spread the word about this misunderstood condition during the month of June.

]]>http://www.shevlinsmith.com/blog/bringing-awareness-to-the-different-types-of-aphasia.cfmwww.shevlinsmith.com-148345Thu, 28 May 2015 09:00:00 ESTWhether you or someone you love suffered a serious brain injury in an auto accident, sports accident, slip and fall accident, or work accident, you may want to know what you can expect and how a serious brain injury will impact you or your loved one. Unfortunately, the effects of a serious brain injury are often associated with impairment, long-term disability, and an entire lifestyle change.

Some victims living with traumatic brain injuries (TBI) can no longer care for themselves, do the kinds of jobs they once did, or participate in the hobbies or other activities they once loved. People living with serious brain injuries can be impacted in the following ways:

Memory loss. People with serious brain injuries often have a change in brain function and suffer from memory problems, confusion, and a difficulty thinking.

Communication issues. Because damage to certain areas of the brain affects communication, victims sometimes have a difficult time listening, speaking, reading, and writing.

Physical disabilities. Depending on the severity of the brain injury, victims may have to relearn basic mobility skills and may never fully recover small motor skills.

When a brain injury impacts someone’s memory, communication, behavior, and physical abilities, it is unlikely that he or she will be able to return to work and collect the wages that he or she once did. This is why brain injury victims are often impacted financially and need to collect the most compensation possible in order to receive the proper care and live as comfortably as possible.

]]>http://www.shevlinsmith.com/blog/what-is-the-impact-of-a-serious-brain-injury-.cfmwww.shevlinsmith.com-148140Thu, 14 May 2015 09:00:00 ESTSuffering head trauma from car accidents is, unfortunately, all too common these days. While the majority of head injuries are minor in nature, there are many head traumas that are considered severe, as in the case of a traumatic brain injury (TBI). While both minor and severe head injuries are associated with loss of consciousness and other physical and behavioral side effects, those who suffer severe head injuries are at an increased risk for developing seizures.

Types of Seizures Following an Auto Accident

When loss of consciousness, penetration of the brain, or internal bleeding around the brain happens, the victim can suffer seizures. Seizures can happen immediately after a collision or may even occur a week to nine months later. While many people assume they know what a seizure looks like, there are actually two general types of seizures to be aware of if you have suffered a head injury:

Grand mal. The seizure most people think of when they picture a seizure, grand mal seizures cause loss of consciousness and violent muscle contractions.

Absence. These attacks involve a brief, sudden lapse of consciousness and looks to others as if the victim is staring into space for several seconds.

Contact a Virginia Brain Injury Lawyer For Help

It is important that victims of collisions know that even mild seizures can be the consequence of a serious head trauma. This is why a seizure following an auto accident should never be ignored. While there are many possible causes of seizures, including epilepsy, fever, brain tumor, hypoglycemia, and meningitis, if you suffered a blow to the head in a car accident and subsequently experience a seizure, seek medical care immediately. If you would like to speak with an experienced car accident injury lawyer, contact Shevlin Smith for a free consultation to discuss your case. Call today at 703-691-5919.

]]>http://www.shevlinsmith.com/blog/seizures-after-an-auto-accident-may-indicate-brain-injury.cfmwww.shevlinsmith.com-147883Thu, 07 May 2015 09:00:00 ESTIf your loved one has suffered a brain injury, you are probably already aware of the lifelong physical limitations a serious brain injury can have on your loved one. Not only does a brain injury negatively affect a victim, but a serious injury such as this can affect an entire household due to the emotional and financial burden on a family.

Virginia Brain Injuries Can Cause Financial Burden

Victims of brain injuries face a long road to recovery and they shouldn’t have to shoulder the financial burden as well. Because a traumatic brain injury can require a lifetime of therapy and assistance, victims of serious brain injuries should have the financial resources to make it possible to get the best medical care.

Unfortunately, insurance companies for negligent parties tend to make affording the best brain injury care difficult. This is because insurance companies are always looking to make a profit—even if this means pocketing some of a brain injury victim’s financial recovery.

Getting a Maximum Financial Recovery

Because liability for your loved one’s brain injury may seem clear to you and your family, you expect the negligent party and the insurance company to provide your loved one with the financial help he or she deserves. Shockingly, you may realize that the insurance company is trying to get out of paying the full amount of your loved one’s brain injury claim, especially without an attorney’s help.

Because we want to help brain injury survivors afford the medical care and treatments that will give them a second chance, we want to reduce the financial burden this serious brain injury has caused and assist you in getting the compensation your family is due. Call us today for a free consultation at (703) 591-0067.

]]>http://www.shevlinsmith.com/blog/do-you-have-the-finances-to-get-the-best-brain-injury-care-.cfmwww.shevlinsmith.com-147568Sat, 02 May 2015 09:00:00 ESTA new treatment option for traumatic brain injury has begun to take off in the United States.

So, what does this new treatment entail?

Is it surgical? Therapeutic? Medicinal? Expensive?

No...It’s Yoga!

Yoga is a full body exercise that not only strengthens muscles but also engages the brain. As a result, TBI victims can use poses and stretches to experience the relaxing and strengthening benefits they need in their recovery. Whether it be focusing on balance or being able to voluntarily point their toes when they want to, these exercises promote neurological stimulation.

Although you should always check with your doctor before beginning any type of treatment following a TBI, the Brain Injury Alliance advocates yoga as a viable care option for TBI victims. Besides sculpting lean, strong muscles, and naturally realigning the spine, yoga offers TBI survivors a chance to eliminate stress and positively reconnect with their bodies and once again become comfortable with their own movements.

Benefits of Yoga for Brain Injury Treatment

In addition to helping victims regain control over their bodies, yoga is also an extremely cost-effective treatment. Many brain treatments and therapies can cost upwards of $1,000 per session; however, you can do yoga at home for just the cost of a DVD. Other benefits of yoga for TBI patients include:

Improving balance

Focusing concentration

Enhancing coordination

Stimulating the brain and communication neurons

Strengthening the body

Helping to regain self-esteem

How Do You Feel About Using Yoga to Strengthen Your Mind, Body, and Soul?

Have you experienced a traumatic brain injury? Do you think practicing yoga could help your injury? Would you be willing to try it, if it could mean a faster recovery? Share your opinions and allow others to benefit from your thoughts. A few sentences can go a long way to help others.

Feel free to read our own client testimonials to reassure yourself that there’s hope. Come see how we’ve helped others like you get the treatment, compensation, and hope they deserve for the future.

]]>http://www.shevlinsmith.com/blog/benefits-of-yoga-for-brain-injury-recovery.cfmwww.shevlinsmith.com-147338Tue, 28 Apr 2015 09:00:00 ESTTraumatic brain injuries (TBIs) were the “signature” injury of the wars in Iraq and Afghanistan, according to a U.S. Department of Defense special report. During these two conflicts, the number of TBI victims in the U.S. Army more than tripled. The increase is attributed to excessive explosion trauma and impact injuries during combat. As a result of this alarming spike in trauma incidents, researchers have been working on a way to help diagnose TBIs while in the field in order to help victims get treatment as quickly as possible.

One such study, led by Air Force Colonel Dr. Michael Xydakis, uses olfactory, or smell, testing to help determine the severity of trauma.

Battlefield Testing of Nose Memory

Dr. Xydakis and his team may have found a way to help combat doctors pinpoint TBI severity by using a simple smell test. The test is based on the idea that different smells communicate differently with the brain in order to associate that smell with a particular sense memory. However, if that communication is hindered, or the sense memory is lost, then there is a good possibility that the patient has suffered some sort of TBI. These tests (specifically designed for blast injury patients) can help battlefield doctors to do the following:

Detect abnormal brain function

Diagnose area of injury

Monitor injury

Determine if evacuation or extraction is required

Get soldiers the immediate help they need to prevent further brain damage or deterioration

Although the tests are still in the research phase, findings have been promising.

Tell Us What You Think

Early diagnosis of brain trauma can help decrease trauma and recovery time and help those injured get the care they need even before they realize they have a problem. In the comment section provided, please let us know your thoughts about TBI early detection and battlefield diagnostic testing. Show your camaraderie and support by jotting down a few experiences or thoughts.

Need more information about your legal rights after your diagnosis? Contact us today for a free consultation. We’ll tell you about your options and take up the fight to make sure you get all the support, treatment and respect you and your injuries deserve. Call (703) 591-0067 now to take back control of your future.

]]>http://www.shevlinsmith.com/blog/sniffing-out-injury-smell-tests-to-diagnose-battlefield-tbi.cfmwww.shevlinsmith.com-147083Tue, 14 Apr 2015 09:00:00 ESTIt doesn’t matter whether you trip and hit your head, a heavy object strikes your skull, or an accident rattles your noggin. Any impact to the head is cause for concern as it could potentially cause a brain injury. There are varying degrees of brain injury severity and it is not always easy to immediately determine just how severe an injury is. One tool used by first responders and emergency room physicians is the Glasgow Coma Scale (GCS). The GCS is a simple, accurate assessment of consciousness in a person who has just suffered head trauma.

GCS Levels

The GCS is basically a set of tests that places eye opening, verbal, and motor responses on a scale to determine the severity of a brain injury. The assessor assigns points based on the following list of possible reactions:

Eye Movement

Verbal Ability

Motor Function

Spontaneous (+4)

Oriented (+5)

Obey commands (+6)

React to Sound (+3)

Confused (+4)

Localized (+5)

React to Pressure (+2)

Can form words (+3)

Normal flexation (+4)

None (+1)

Can create sound (+2)

Abnormal flexation (+3)

None (+1)

Extension (+2)

None (+1)

The combined score of all three tests determines the GCS number, which is then compared to three degrees of TBI severity as follows:

Mild TBI. GCS score of 13-15. These injuries are the most common and usually result in a brief (less than 30 minute) change in mental status. During this period you may become dazed, confused, or briefly lose consciousness. Imaging tests shouldn’t indicate any additional brain swelling or problems. However, repeated mild TBI offenses such as concussions or whiplash could have serious effects on your brain and cause fatal consequences over an extended period of time if not diagnosed and treated properly.

Moderate TBI. GCS score between 9 and 12. These injuries tend to result from violent shaking or a forceful blow to the head. They can cause you to lose consciousness for up to six hours and can potentially cause permanent cognitive or physical impairment.

Severe TBI. GCS score between 3 and 8. These generally occur when the brain itself has been critically damaged. Your risk of permanent cognitive and physical damage is extremely high when you suffer from a severe injury such as this.

Sharing Your Story to Help Others

Have you experienced a traumatic brain injury? Do you know someone who has suffered a mild, moderate or severe TBI? Please take the time to share your story and allow others to benefit from your experiences. You can help them learn more about what to expect as well as give them hope and reassurance.

You can also feel free to read our own client testimonials to reassure yourself that there is hope for your future. Come see how we’ve helped others like you get the treatment compensation they deserve for accidental brain trauma.

]]>http://www.shevlinsmith.com/blog/determining-degree-of-brain-injury-with-the-glasgow-scale.cfmwww.shevlinsmith.com-146797Tue, 07 Apr 2015 09:00:00 ESTGetting in your car and driving to wherever you need to has become second nature for many of us. Although it occurs to us to have others drive in certain situations (when we’re tired or have been drinking, for example), the majority of the time if we feel healthy we don’t see a need to call a cab or give our keys to someone else—we just get in and go.

Unfortunately, this state of mind isn’t necessarily ideal in all situations, especially when you’re in your second or third trimester of pregnancy.

Fetal Injuries Sustained in Car Accidents

The National Highway and Safety Administration estimates that mother and fetal injuries due to car accidents have been significantly increasing over the past few years, as shown in a University of Michigan study. The research estimates that between 1,500 and 5,000 fetal deaths, tens of thousands of permanent injuries, and numerous in utero complications can be contributed to serious car accidents. Even in situations where the expectant mother doesn’t immediately present injuries, the likelihood of pre-term labor is still remarkably high.

According to a study published in the American Journal of Preventive Medicine in 2013, car collisions are an extreme concern for fetal safety as the effects can be catastrophic for pregnant drivers. This study showed that vehicle accidents tend to have an extreme impact on expectant mothers, causing substantial adverse outcomes, such as:

Premature birth: internal injuries could cause the uterus to fail or involuntarily induce labor in order to “protect” the baby. Unfortunately, if the baby isn’t fully developed, this could cause serious complications.

Hypoxic brain damage: a collision can cause so much force on the mother’s body that the placenta could become detached, the uterus can be damaged, there could be internal bleeding, or the mother herself could suffer hypoxia, all of which could potentially cut off oxygen to the baby and cause brain and lung damage.

Cuts, lacerations, and punctures: debris, broken glass, and sharp objects can be hurled or forced into the mother’s abdomen, cutting and stabbing the fetus.

Internal bleeding: force effects and impalements can all cause internal bleeding for both mother and child. When too much blood is lost, the mother’s body will try to conserve the remaining blood by cutting the supply to the baby.

Miscarriage: any abdominal trauma or uterine damage can cause complications which could lead to a miscarriage during any trimester.

Maternal Instincts: How Do You Feel About Pregnancy Car Safety?

Given the potential risks involved, do you think pregnant women shouldn’t drive after a certain term? Should there be safety limits on when and how an expectant mother drives? Should there be special harnesses for seat belts or additional safety features in cars to prevent abdominal injuries? Do you have personal accounts or stories about driving pregnancy risks?

Please share!

In the comment section provided, let us know your opinions, concerns, and personal experiences with driving well pregnant. Your words can have a significant impact on someone’s life, as well as the life of her baby—so go ahead and share.

Make sure your family and expectant friends are protected by sharing this page with them via Facebook or Twitter. You can also tell them to contact us directly to discuss any potential questions or concerns they may have about a recent accident. The consultation is free, so they have nothing to lose, but a wealth of knowledge, support and confidence to gain.

]]>http://www.shevlinsmith.com/blog/pregnant-driving-risk-of-putting-your-baby-behind-the-wheel.cfmwww.shevlinsmith.com-146479Thu, 02 Apr 2015 09:00:00 ESTYou hear about doctor/patient confidentiality all the time on TV medical and legal dramas. You may have even heard it straight from your doctor’s mouth. Nevertheless, you probably take it for granted that your medical history falls under that confidentiality agreement. Unfortunately, this isn’t always the case, as at least one Inova patient has learned.

One specific incident where confidential Inova medical reports were shared without the patient’s consent was illustrated in the case of Inova Health Systems v Patricia Curtis. In this situation, an appeal was made to the Virginia Supreme Court in order to address the fact that Inova willfully shared the claimant’s medical records with several parties without her consent. Unfortunately, due to filing errors, the claimant’s case was dismissed and Inova didn’t have to take responsibility for their disregard of a patient’s privacy.

So, if the case wasn’t dismissed on a technicality, would Inova have been guilty of malpractice for sharing confidential medical records?

HIPAA Violations and Consequences

Patient confidentiality is actually a broad term relating to several policies enforced by the U.S. Department of Health and Human Services (HHS). The Health Insurance Portability and Accountability Act (HIPAA) is one such policy that the government enacted in order to protect the privacy of patients’ information. When hospitals violate the rules of HIPAA, the HHS Office for Civil Rights (OCR) is responsible for investigating the privacy breach. If the breach is verified, according to the American Medical Association, the hospital could be subject to both civil and criminal penalties, resulting in fines up to $1.5 million and jail time for the individual responsible for the breach.

Privacy violation lawsuits that can be pursued in these cases include:

Invasion of Privacy: if your medical records were released to non-medical personnel (or medical personnel not associated with your care) without your consent, it can be considered publicizing private information.

Breach of Confidentiality: the unauthorized release of medical information that was gained under physician-patient privilege. While the information in question is covered under physician-patient privilege, it is not only the physician who can be sued for releasing the information without authorization, but the institution as well.

The Cost of Privacy: HIPAA and You

Let us know your thoughts by leaving your opinions and questions in the comment section provided. We are eager to hear how you feel about medical privacy, as well as learn more about your personal experience with patient privacy issues. Not only will we be able to learn more about you, but also more about our clients’ concerns as a whole.

Need more information about your medical rights? Please feel free to download our free report: Medical Negligence: Your Rights in the District of Columbia. You’ll learn more about your rights and claim options and also see how our knowledge and experience can help you get the justice you deserve.

]]>http://www.shevlinsmith.com/blog/privacy-malpractice-violating-patient-confidentiality.cfmwww.shevlinsmith.com-146249Sat, 28 Mar 2015 09:00:00 ESTWhen you’re ill or injured the right thing to do is to see your doctor in order to get well, right? Unfortunately, for many patients, the healing process is stalled when they acquire additional infections, illnesses, and conditions as a direct result of being in the hospital.

A new program run by the Centers for Medicare and Medicaid Systems (CMS) has penalized 721 hospitals nationwide for providing substandard patient care when it comes to hospital-acquired infections (HAI). One of the hospitals on the list was Northern Virginia’s very own Inova Fairfax Hospital in Falls Church.

In order to increase patient care and awareness, CMS has fined all of the hospitals on the list by denying them 1% of Medicare and Medicaid payments. However, the fact remains that HAIs are currently a large problem for the hospital. This is why it is important for you know that there is a risk and to know the types of infections that are common in cases such as these.

Common HAIs to Be Aware of

HAIs are classified as any infection that is acquired by a patient while in a hospital or as a result of medical attention. According to the Office of Disease Prevention and Health Promotion, about 1 in every 25 inpatients has an infection related to hospital care. In addition to being a significant cause of morbidity and mortality, at any given time, HAIs can have devastating emotional, financial and medical consequences. The most common HAIs are as follows:

UTIs: unsterilized or dirty catheters are unfortunately common and cause severe urinary tract and bladder infections.

Bloodstream infections: when a central line or IV is unclean, bacteria can be introduced directly into the bloodstream causing an infection to rapidly spread throughout the body. Improperly placed IVs can also cause multiple punctures that can also become infected.

Pneumonia: patients who are in the hospital for other conditions can contract diseases such as pneumonia from doctors, nurses, and fellow patients as a result of improper sterilization and poor hygiene.

KPC (Klebsiella Pneumoniae Carbapenemase): a bacteria normally found in the intestines is easily spread when healthcare workers handle stool samples or clean fecal matter from patients and don’t properly wash their hands or sterilize the area.

MRSA (Methicillin-Resistant Staphylococcus Aureus): staph infections such as MRSA commonly occur in hospitals and healthcare settings as a result of unclean instruments and devices associated with invasive procedures, such as surgeries, intravenous tubing, or the insertion of artificial joints

Weighing in on Risk

Given the potential risks involved, do you think hospitals should have higher standards for cleanliness? Should hospitals as a whole be subject to mandatory cleanliness checks? Do you have a personal story about contracting an HAI? Tell us about it. Leave your opinions and questions in the comment section provided.

If you found this article interesting, you can also like us on Facebook for more information and legal advice.

]]>http://www.shevlinsmith.com/blog/is-inova-hurting-you-infections-related-to-hospital-care.cfmwww.shevlinsmith.com-145951Tue, 10 Mar 2015 09:00:00 ESTAccording to the U.S. Department of Health and Human Services, nearly 60,000 medical malpractice cases are reported every year in the United States. In addition to this number however, the DHHS estimates that a staggering 86% of malpractice incidents go unreported. This means that the true number of cases is closer to 430,000 a year.

Although not all of these incidents cause major bodily harm, and some are mere miscommunications, the fact that they exist is alarming. You should be able to trust your physician and hospital 100% of the time, and they should realize that their care should be perfect 100% of the time. We realize that everyone makes mistakes now and again. However, healthcare professionals know that the consequences of their mistakes can be fatal, and are therefore judged at a higher standard.

Unfortunately, a recent study performed by the Johns Hopkins University School of Medicine suggests that the higher the standard is for doctors, the less remorse is shown when a mistake is made.

“I’m Sorry” Not Included in Medical Journals

Over the course of one year (May 2012 – May 2013), the malpractice apology study headed by Dr. Marty Makary (professor of surgery at Johns Hopkins) and conducted independently by ProPublica, found that patients who suffer injuries, infections, or mistakes during medical care rarely get an apology or even recognition of the error.

In addition to blatant disregard for patients’ (and their families’) rights to know what happened, the fact that doctors refuse to even acknowledge the errors could be construed as malpractice in itself. Based on the responses of 236 patients, the data collected showed the following:

According to patient statements, it was common for their health care providers to withhold information about medical mistakes, until pressed or backed into a corner. A mere 9% of patients stated that their medical facility voluntarily disclosed the harm.

A further 9% of respondents claim that the harm was only disclosed under pressure, when officials did agree to provide information.

One out of 10 respondents reported that he or a family member received an apology from his doctor or provider as a result of the error.

In addition to withholding information and apologies, more than 30% of respondents reported that their healthcare provider billed them for treatment directly related to the harm caused by the doctor’s error. The average cost? -$14,000.

Do You Deserve an Apology?

Given the potential health risks involved, as well as the out of pocket cost you could suffer, do you think it’s appropriate for doctors to withhold information about a possible error they caused? Do you feel that in addition to telling you about the incident, he should also apologize for his mistakes? Do you think it’s fair, logical, or moral for him to keep these to himself?

Although we think this type of behavior is absolutely disgraceful, we would like to hear your opinions on the subject. In the comment section provided, please leave your thoughts, concerns, and any personal stories you may have that relate to medical malpractice or dishonest healthcare providers.

Need more information about medical malpractice or the types of restitution you deserve after a medical injury? Contact us today for a free consultation. We’re here to help!